Davis v. Marr’s Empirical Analysis
1966
Citation profile
2 federal appellate · 14 state decisions
How this case has been cited
Cited by 16 later decisions — most recently July 1998
2 federal appellate · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Colorado Mortgage & Investment Co. v. Giacomini · Davidson v. Fischer · Spicer v. Machette
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Generally, when a prospective tenant has had an opportunity to inspect the condition of the premises sought to be rented, and any defects existing thereon are patent or obvious to the tenant’s observation, the law exempts the landlord from liability for injuries * * *. In the absence of the landlord’s covenant to repair, the tenant is said to have assumed the risk of loss or injury when he enters into the defective premises and has had means of information equal to that of the landlord. * * *””
2 later decisions quote this exact passage · from the majority“"Generally, when a prospective tenant has had an opportunity to inspect the condition of the premises sought to be rented, and any defects existing thereon are patent or obvious to the tenant's observation, the law exempts the landlord from liability for injuries to the tenant as a result of the defect. (citing case) In the absence of the landlord's covenant to repair, the tenant is said to have assumed the risk of loss or injury when he enters into defective premises and has had means of information equal to that of the landlord. (citing cases) * * *. "There is, however, a well recognized exception that has been carved out of the general rule exempting a landlord from liability to the tenant for negligence in the maintenance of the defective condition in the premises. In a growing minority of the states the landlord is liable under certain conditions where he has undertaken a covenant to repair the defective condition. Restatement of the Law, Torts, 2d, § 375, p. 241, adopts this principle and lays down the conditions under which such liability exists in the following language: `[Where] * * * (a) the lessor, as such, has contracted by a covenant in the lease or otherwise to keep the land in repair, and `(b) the disrepair creates an unreasonable risk to persons upon the land which the performance of the lessor's agreement would have prevented, and `(c) the lessor fails to exercise reasonable care to perform his contract.' (Emphasis supplied.) "See the Restatement Comment on t”
1 later decision quote this exact passage · from the majority“See the Restatement Comment on this rule for the reasoning supporting its adoption. * * *”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.